Auditor-General’s forced leave by Akufo-Addo breaches 1992 Constitution – CSOs file case at the Supreme Court

The Attorney-General has been dragged to the Supreme Court by some nine Civil Society Organisations (CSO) who are challenging the legal basis of President Akufo-Addo’s decision to direct Daniel Yao Domelevo, the Auditor-General, to proceed on leave.

In their 90-page writ, the CSOs (the plaintiff) are asking the Supreme Court to rule that the President’s directive to Daniel Yaw Domelevo to proceed on leave is inconsistent with the letter and spirit of the 1992 Constitution of the Republic of Ghana.

“These breaches, if not repaired, will undermine constitutionalism, defeat anti-corruption efforts and subvert irreparably the independence of the Auditor-General.

“Beyond that, the President’s actions, if allowed to stand, will have a chilling and emasculating effect on all holders of Independent Constitutional Office (ICO), especially those tasked with anti-corruption, accountability and rule of law-related responsibilities,” the overview of the Plaintiff’s case read.

The CSOs also want the court to declare that Johnson Akuamoah Asiedu’s appointment as the ‘Acting Auditor General’ is void and has no legal effect.

The recent case is the second suit to hit the Akufo-Addo administration on this leave saga.

Prof. Stephen Kwaku Asare, a CDD Fellow in Public Law and Justice has also filed a case at the Supreme Court seeking similar reliefs.

The nine CSOs include the Ghana Centre for Democratic Development, Ghana Integrity Initiative, Citizen Ghana Movement, Africa Center for Energy Policy (ACEP), Parliamentary Network Africa, Penplusbytes, Media Foundation for West Africa (MFWA), SEND Ghana and One Ghana Movement.

They are represented in Court by Lawyer Martin Kpebu of GT Legal.

Lawyer Kpebu in the writ demonstrated the legal capacity of the CSOs to file the suit, their reliefs, facts of the case, legal arguments among others.

Article 2(1) of the 1992 constitution empowers the groups to come together to file such a writ.

The constitutional provision reads:

“1) A person who alleges that –

(a) An enactment or anything contained in or done under the authority of that or any other enactment; or

(b) Any act or omission of any person, is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.”

Lawyer Kpebu argues that the Auditor-General’s entitlement to annual leave is in the character of a right and does not give rise to an enforceable legal obligation.